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    126 views70 pages

    LOLER - Lifting Operations & Lifting Equipment Regulations - 1998

    Uploaded by

    ghada gattouch

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    © All Rights Reserved
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    Safe use of- lifting equipment a Lifting Operations and Lifting Equipment Regulations 1998 a i fname ae Paes i APPROVED eo) teas erlese : AND GUIDANCE ae Safe use of lifting equipment Lifting Operations and Lifting Equipment Regulations 1998 APPROVED CODE OF PRACTICE AND GUIDANCE HSE 800KS © Crown copyright 1998 Application for reproduction should be made in eriting to: Copyright Unit, Her Majety’s Stationery Office, St Clemens Howse, 2:16 Colegate, Norvich NR3 1BQ. Fist published 1998 ISBN 0 7176 1628 2 All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means (electronic, mechanical, photocopying, recording or otherwise) without the prior ‘written permission of the copyright owner. Approved Code of Practice and guidance ‘This Code has been approved by the Health and Safery Commission, with the consent of the Secretary of State Ik gives practical advice on how to comply with the law. If you follow the advice you will be doing enough to comply ‘with the law in respect of those specific matters on which the Code gives advice. You may use alternative methods to those set out in the Code in order to comply with the law However, the Code has special legal status. If you are prosecuted for breach of health and safety law, and it is proved that you did not follow the relevant provisions of the Code, you will need to show that you have complied with the law in some other way or a court will find you at fault. ‘The Regulations and Approved Code of Practice (ACOP) are accompanied by guidance which does not form part of the ACOP. Following the guidance is not compulsory and xyou are free to take other action. But if you do follow the guidance you will normally be doing enough to comply with the law. Health and safery inspectors seek to secure compliance with the law and may refer to this guidance as illustrating good practice. @ Contents Notice of Approval (iv) Preface (2) Introduction Regulation 1 Regulation 2 Regulation 3 Regulation 4 Regulation 5 Regulation 6 Regulation 7 Regulation § Regulation 9 Regulation 10 Regulation 11 Regulation 12 Regulation 13 Regulation 14 Regulation 15, Regulation 16 Regulation 17 ‘Schedule 1 Schedule 2 References 1 Citation and commencement. 5 Interpretation 5 Application $ Serength and stability 18 Lifting equipment for lifting persons 27 Positio ‘Marking of lifting equipment 29 ig and installation 26 Orgunisation of lifing operations 32 ‘Thorough examination and inspection 43 Repos and defects 51 Keeping of information SF Exemptions forthe armed forces 54 Amendment of the Shipbuilding and Ship-Repairing Regulations 1960 55 ‘Amendment of the Docks Regulations 198855 Repeal of Provisions of the Factories Act 1961 55 Repeal of Section 85 of the Mines and Quarries Act 1954. 55 Revocation of instruments 55 Information to be contained in a report of a thorough examination 56 Revocation of instruments 58 60 Gi) Notice of Approval By virtue of section 16(1) of the Health and Safery at Work etc Act 1974 (the 1974 Act), and with the consent of the Secretary of State for the Environment, ‘Transport and the Regions pursuant to section 16(2) of the 1974 Act, the Health and Safety Commission has on 7 July 1998 approved the Code of Practice entitled Safe use of iting equipment. ‘The Code of Practice gives practical guidance with respect 10 the requirements of the Lifting Operations and Lifting Equipment Regulations 1998 and with respect to section 2 of the 1974 Act, the Management of Health and Safery at ‘Work Regulations 1992 (as amended by the Management of Health and Safety at Work (Amendment) Regulations 1994 and the Health and Safety (Young Persons) Regulations 1997) and the Provision and Use of Work Equipment Regulations 1998, Signed Rosemary Banner ‘Secretary to the Health and Safety Commission 5 October 1998, @) Preface ‘This document on the Lifting Operations and Lifting Equipment Regulations 1998 (LOLER 98) has been prepared by the Health and Safety Executive (HSE) for the Health and Safety Commission (HSC) after consultation with industry. These Regulations, which deal with providing and using work ‘equipment, are set out in full along with the Approved Code of Practice and ‘guidance material. Who needs to read this? Anyone with responsibility directly or indirectly for work equipment and its, use, for example employers, employees, the self-employed and those who hire work equipment, needs to read this publication. Throughout the document we have referred to the employer and self-employed people who have duties as. ‘you". Where the guidance is addressed to some other duty holder, for example ‘competent person, the text makes it clear who itis intended for. What is in the document? ‘This document contains: (@) the LOLER 98 Regulations in (b) the Approved Code of Practice (ACOP); and (©) guidance material that has been written to help people use these Regulations. HSE is publishing separate guidance specific to particular industry sectors. ‘These link the requirements of LOLER 98 to the specialised work equipment used in industry sectors such as agriculture and construction. What an Approved Code of Practice (ACOP)? ‘The formal status of ACOP material is set out on page (ii) of this document. ACOP material gives practical guidance on how to comply with the law. If you follow the advice in the ACOP you will be doing enough to ensure compliance ‘with the law on the matters that it covers. ACOP material has special legal status. If you are prosecuted for a breach of health and safety law, and itis proved that you did not follow the relevant provisions of the ACOP, you will need to show that you have complied with the law in some other way or a court will find you at fault. What is guidance? Guidance material describes practical means of complying with the Regulations. It does not have special status in law, but is seen as best practice. Following the guidance is not compulsory and you are free to take other action. But if you do follow guidance you will normally be doing enough to ‘comply with the law. Health and safety inspectors seek to secure compliance with the law and may refer to this guidance as illustrating good practice. Application of Regulations to the apparently self-employed Although only the courts can give an authoritative interpretation of the law; in considering the application of these regulations and guidance to persons working under your direction, you should consider the following: Ifyou have people working under your control and direction who are self- ‘employed for tax and/or NI purposes, they are likely to be treated as your o employees for health and safery purposes. You may therefore need to take appropriate action to protect them. If you are in any doubt about who is, responsible for the health and safety of a person working for you this could be clarified and included in the terms of the contract. However, remember, you ‘cannot pass on a legal duty that falls to you under the Health and Safery at ‘Work Act (HSW Act) by means of a contract and you will still retain duties towards others by virtue of section 3 of the HSW Act. If you intend to employ such workers on the basis that you are not responsible for their health and, safety, you should seek legal advice before doing so. Other HSCIE information You should also take account of any relevant HSC/HSE publications giving guidance on other regulations, industries or equipment. There is a non- exhaustive reference section at the back of this document. Up-to-date information on these publications can be obtained from HSE’s InfoLine which deals with public telephone requests (0541 545500). wi) Introduction 1 _ The Lifting Operations and Lifting Equipment Regulations 1998 (LOLER) were made under the Health and Safery at Work etc Act 1974 (ASW Acy) and come into force on 5 December 1998. These Regulations implement the lifting provisions of the Amending Directive to the Use of Work Equipment Directive (AUWED, 95/63/EC). The Regulations apply in all premises and work situations subject to the HSW Act and build on the requirements of the Provision and Use of Work Equipment Regulations 1998 (PUWER).! 2 This document contains an Approved Code of Practice (ACOP) and guidance on the duties in LOLER and existing Regulations which are applicable to the use of lifting equipment in all sectors of industry and in all ‘work activities. These existing Regulations are principally the Management of Health and Safety at Work Regulations 1992 (the Management Regulations) and PUWER. There are separate and specific HSE documents providing ‘guidance on these Regulations. 3. Throughout this document we have referred to duty holders such as the employer and self-employed as ‘you’. Where the guidance is addressed to some other duty holder such as a competent person, the text makes it clear to whom the guidance is aimed, 4 These Regulations replace most of the existing sectoral law relating to the use of lifting equipment and amend certain other Regulations. The details are given in regulations 13-17 and Schedule 2 of LOLER. 5 There are some areas, however, where the existing law is either partially revoked/amended or left unchanged: namely the Docks Regulations 1988 and the Mines Shafts and Winding) Regulations 1993 respectively. In the case of the Docks Regulations, regulations 14, 15, 16(3), (4), (5), (7), (8) and 17 have been revoked and regulation 13(4) has been amended. 6 For equipment covered by the Mines (Shafts and Winding) Regulations the duty holder will also need co comply with LOLER. In practice, compliance with both sets of regulations will not require the duty holder to do more than they are already doing to comply with existing legislation. 7 In this document, the Lifting Operations and Lifting Equipment ‘Regulations 1998 are shown in ITALIC text. The ACOP material, which has the status described on page (ii) is shown in BOLD text. The remaining text, in NORMAL type, is additional guidance. 8 There is also an important link with PUWER which applies to all work ‘equipment, including lifting equipment. For example, PUWER places requirements on duty holders to provide suitable work equipment for the task (regulation 4), information and instructions (regulation 8) and training (regulation 9) to the people who use it. PUWER also requires measures to be taken concerning dangerous parts of machinery (regulation 11), controls and control systems (regulations 14 to 18), stability (regulation 20) and mobility (regulations 25 to 29). Retate nasty |} 9 itis therefore important to remember that duty holders who provide fete ee lifting equipment, in addition to complying with LOLER, will also need to comply with all relevant aspects of PUWER and any other applicable health and safety law. Pore errr 10 _ Like the scope of PUWER, the potential scope of these Regulations is extremely wide. ‘Lifting equipment’ includes such equipment as cranes, lift trucks, goods lifts, construction site hoists, mobile elevating work platforms, vehicle inspection hoists, gin wheels, ropes, chain slings, eye bolts etc. It also includes ropes and other associated items used in rope access working. 11 LOLER applies to any item of lifting equipment but a duty holder will need to consider in relation to its requirements, the extent of the risk and the ‘measures needed to eliminate or control the risk. Management of Health and Safety at Work Regulations 1992 (MHSWR) 12 The Management of Health and Safery at Work Regulations 1992 (as amended) require a risk assessment to be carried out to identify the nature and level of risks associated with a lifting operation. You should take appropriate precautions to eliminate or control these risks. 13. ‘The HSE publication Management of health and safety at work. Management of Health and Safety at Work Regulations 1992. Approved Code of Practice? contains further guidance on risk assessments and how to carry them out. 14 A proportionate response according to the risk is required. The higher the level of risk identified through the assessment the greater the measures that will be needed to reduce it and vice versa. Trivial risks can usually be ignored, unless the work activity adds to those risks. 15 When considering what you need to do to meet the requirements of LOLER due to the risks from using a particular piece of lifting equipment, the factors that you need to consider include: (a) the type of load being lifted, its weight, shape and what it consists off (&) the risk of a load falling or striking a person or object and the consequences; (©) the risk of the lifting equipment striking a person or some other object and the consequences; and (@) the risk of the lifting equipment failing or falling over while in use and the consequences. 16 New lifting equipment needs to satisfy certain essential health and safery requirements as laid down in Article 100a Product Safety Directives. You are not necessarily required to ensure that existing lifting equipment meets the same level of protection as new equipment but this will depend on the degree of risk, You must assess the risk in each particular case, the nature and extent of the risk will dictate what steps you need to take to control the risk. The greater the risk the greater the measures that you need to take to reduce the risk to an acceptable level 17_ The risk assessment may well identify significant risks not addressed by LOLER. For example, the assessment may identify that personal protective ‘equipment is required. In such circumstances, you would need to consider the requirements of the Personal Protective Equipment at Work Regulations 1992. ‘An example where this might be necessaty is the provision of safety harnesses for rope access work during window cleaning. MHSWR as led by th | Health and Safety (Young Persons) Regulations 1997 Regulation 13D MHSWR as amended by the Health and Safety (Young Persons) Regulations 1997 ACOP 13D. Protection of young persons (2) Every employer shall ensure that young persons employed by him are ‘protected at work from any risks to their heaith or safety ehich are a consequence of ‘their lack of experience, or absence of accareness of existing or potential risks or the fact that young persons have not yet fully matured; (2 Subject to paragraph (3), no employer shall employ a young person for work - (@)_ which is beyond his physical or psychological capacitys @) involving harmful exposure to agents which are toxic or carcinogenic, cause heritable genetic damage or harm to the unborn child or which in ‘any other way chronically affect human health; © involving harmful exposure to radiation, (@ involving the risk of accidents which it may reasonably be assumed ‘cannot be recognised or avoided by young persons owing to their insufficone attention to safety or lack of experience or taining: or (©) in which there i a risk to health from — @ extreme cold or heats GD noise; or Git) vibration, and in determining whether work till involve harm or risk for the purpose of ‘this paragraph, regard shall be had wo the results of the assessment. (3) Nothing in paragraph (2) shall prevent the employment of a young ‘Person sho is no longer @ child for work ~ (a) eohere itis necessary for his srainings © cohere the young person wil be supervised by a competent person; and (©) cchere amy risk will be reduced to the lowest level that is reasonably practicable 18 Young persons are often exposed to risks to their health and safety when using work equipment as a consequence of their immaturity, lack of experience or absence of awareness of existing or potential risks. ‘Therefore you should not allow such people to use high risk lifting machinery unless they have the necessary maturity and competence which includes having successfully completed appropriate training. However, during the training they may use such equipment providing they are adequately supervised. Adequate supervision should also be provided after training if a young person is not sufficiently mature. 19 A young person is someone who is under 18 years of age. Examples of high risk machinery which normally should not be operated by a young person. (except when trained or undergoing training under direct supervision) include cranes, construction site hoists and fork-lift trucks. There may be substantial risks associated with the use of lifting accessories, for example during ‘slinging’ and you should assess whether such work is appropriate for a young person. 20 It is highly unlikely that a young person would be sufficiently competent to be considered as a ‘competent person’ forthe pusposes of caring out periodic thorough examinations or inspections of ling equipment or the Plsoning and supersion of liting operations, Regulation 1 Citation and commencement LOLER 98. (D These Regulations may be cited as the Lifting Operations and Lifting md Equipment Regulations 1998 and shall come into force on Sth December 1998, When does LOLER come into force? 21 LOLER comes into force for ALL lifting equipment on 5 December 1998, ‘This includes existing equipment, second-hand or leased equipment or new equipment. From this date, duty holders will need to comply with all the requirements, 22 Regulation 9 requires lifting equipment to be thoroughly examined by 2 ‘competent person. Any lifting equipment thoroughly examined befd 5 December 1998 under the requirements of previous legislation will not require a further thorough examination until the date indicated by the competent person or until the validity of the current examination report expires. A piece of lifting equipment that has been recently thoroughly examined will not require a further thorough examination on 5 December 1998 solely because LOLER has come into force. 23 Under PUWER 98 duty holders with existing mobile work equipment may have until 2002 to comply with the requirements of Part III of PUWER. 98, ie regarding providing roll over protection etc. See the Approved Code of Practice and guidance on PUWER 98 for further information. “Existing” in this context means provided for use before 5 December 1998. However, the parts of such equipment concemed with the actual lifting operation must comply with LOLER from 5 December 1998. Application offshore 24 LOLER applies offshore as the HSW Act applies by virtue of the Health and Safety at Work exc Act 1974 (Application outside Great Britain) Order 1995 (SI 195/263). This Order applies the Act to offshore installations, wells, ipelines and pipeline works, and to connected activities within the territorial waters of Great Britain or in designated areas of the United Kingdom Continental Shelf, plus certain other activities within territorial waters, Trade Union Reform and Employment Rights Act 1993 25 This Act implements the employment protection requirements of the EC Health and Safety Framework Directive. It applies to all employees including those working offshore and gives rights regardless of their age, hours of work ‘or length of service. The Act entitles employees to take thei case 10 an Industrial Tribunal if any action is taken against them by their employer if they leave the workplace because of dangerous circumstances or take appropriate steps to protect themselves, or others, from the danger Regulation 2 Interpretation LOLER 9S (1) In these Regulations, unless the context otherwise requires ~ “the 1974 Act” means the Health and Safety at Work etc. Act 19743 “the 1992 Regulations” means the Supply of Machinery (Safsty) Regulations 1992560) Rapalarion 2 (@ SL 1992/8073 1 which hr ave amendronts not recat to hte Repuaion, 5 “accessory for lifting” means work equipment for attaching loads to machinery for ‘ifings “EC declaration of conformity” means a declaration eich complies eith = (a) regulation 22 of the 1992 Regulations; © Aricle 12.1 of Council Directive 89/68/EECon the approximation of the laces of the Member States relating 10 personal protective equipment; or © regulation 8(2) 4) of the Lifts Regulations 1997; “employer” except in regulation 3(2) and (3) includes a person to eohom the requirements imposed by these Regulations apply by virtue of regulation 3(3)(a) and Os “essential requirements” has the same meaning as in the Provision and Use of Work Equipment Regulations 1998; “examination scheme” means a suitable scheme drasen up by a competent person for such thorough examination of lifting equipment at such intervals as may be appropriate for the purpose described in regulation 9(3); ‘the Execurive” means the Health and Safety Executives ““ifting equipment” means work equipment for lifting or lowering loads and includes fis attachments used for anchoring, fixing or supporting it; ““ifting operation” has the meaning given in regulation 8(2); “Toad” includes a person; “thorough examination” in relation to thorough examination under paragraph (1), (2) or (3) of regulation 9 ~ (@) ‘means a thorough examination by a competent person; (where it ix appropriate to carry out testing forthe purpote described in the paragraph, includes such esting by a competent person as is appropriate ‘forthe purpose, and “thoroughly examined” shall be construed accordingly; “work equipment” means any machinery, appliance, apparatus, tool or installation for use at work (chether exclusively or not). (2) Unless the context otherwise requires, any reference in these Regulations 10 - (@ a numbered regulation or Schedule isa reference to the regulation or ‘Schedule in these Regulations so numbered; and @) a numbered paragraph is a reference to the paragraph so numbered in the regulation or Schedule in which the reference appears. (0.9 Ne. £399, 30.12.88, 9.18: print in the Schedule St 1992/3139. © Sh issn. © Si 19982306 26 Regulation 2(1) defines ‘lifting equipment’ as ‘work equipment for lifting or lowering loads and includes its attachments used for anchoring, fixing or supporting it. Ir includes any lifting accessories that attach the load to the ‘machine in addition to the equipment which carries out the actual lifting function. The scope of these Regulations is therefore very wide and includes a range of equipment from an eyebolt to a tower crane. 27 _ As detailed in regulation 2(1), a ‘load! includes any material, people or animals (or any combination of these), that are lifted by the lifting equipment. In some circumstances, such as in the use of a mobile crane, the weight of the lifting accessories including the hook block will need to be considered as part of the load being lifted. Equipment and operations covered by LOLER 28 The Regulations are aimed primarily at the type of equipment which was covered by previous lifting legislation, i cranes, lis and hoists, and components including chains, ropes, slings, hooks, shackles and eyebolts. However, LOLER now applies in whichever industry this range of equipment is used in including those, such as agriculture, which previously were not covered by specific regulations. Examples of theres of ling equipment and ‘operations covered include: (@) a passenger lift in an office blocks (©) a rope and pulley used to raise a bucket of cement on a building sie; (©) dumb waiter in a restaurant or hotels (@ _avacuum lifting crane; (©) a vehicle inspection hoist; and (a scissors lift 29 LOLER also applies to a range of other lifting equipment which present risks which are similar to those associated with the ‘traditional” equipment listed above. Some non-exhaustive examples of the types of equipment and ‘operations that will now be covered include: (0) ropes used for climbing or work positioning during arboriculture,

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